so are you gonna take him back? (sighs) i don't know. i just know i miss him. i miss walt. i miss sebastian. you guys are so lame. (mouse, carrie, and maggie laugh) totally! now give me one of those sandwiches. ♪ in the middle of our street maybe the lies we had told had complicated our lives. i couldn't deny the fact that we had created our own problems-- breakups, makeups, forbidden loves... it was hard to keep the fantasy of what love could be alive. but the one thing i knew was true was that we were pretty lucky to have each other to lean on through all of it. ♪ our house ♪ in the middle of our street ♪ our house

you're watching cbs 5 eyewitness news on the cw. >> the mentality of these people that we're dealing with today. >> for the second time in a weekend, oakland police officer is shot. the police chief's message to his force, and the people of oakland. >> and word of new help complications tonight for giants fan, brian stowe. and for the san francisco 49ers, a little less nfc after glow as the team gets down to business and the baltimore ravens.

good evening, i'm ken bastida. the police chief wants everyone to listen up. he is not mincing his words after another officer was shot in east oakland. the second this week. cbs 5 reporter is at the scene. juliette. >> reporter: ken, the police chief taking a tough stance tonight. police were out here around 5:45 this evening. they were investigating this hit-and-run car crash that you can see. then they heard gun shots a block away. they ran to the scene. police say the gunman saw them in uniform and started firing shots directly at them. >> this will not be tolerated. you cannot shoot at police officers when they are trying to carry out their work in the line of duty. >> tonight, oakland's police chief saying the streets are getting meaner and tonight with another officer shot in the line of duty, comes this message. >> we're going to do everything in our powers to put an end to this. >> a 13 year veteran who was shot in the leg returned fire

at the suspect who then dropped his gun. this mother of three heard the gun shots. her little boys were riding their bikes nearby. she told them to get inside immediately. >> we ran upstairs and go inside. >> monday night, an undercover detective sitting in his car on seminary avenue was shot in the arm. police later arrested two suspected gang members on parole. >> this really highlights the level of violence we're dealing with in the city and the fact that someone will take the opportunity to harm one of our officers in full uniform. >> and that officer who was shot in the leg actually ran two blocks to catch up to the suspect. the officer then fired a shot at the suspect, didn't hit him, but the suspect dropped his gun and surrendered. that 13 year police veteran is at highland hospital in stable

condition tonight. in oakland, juliette goodrich, cbs 5. >> all right, juliette. it's taking hour, but firefighters in fairfield managed to finally get control of what was a huge fire at the pepper belly comedy club. it started just before 7:00 this evening and burned pretty strongly until 9:30. this is what it looked like about 9:00. nobody has been injured there luckily and crews tell us, they still don't know how it got started. >> we have obtained a list of san francisco restaurants that are not following the city's healthcare law. the long list. sharon tells us they are charging customers extra, but not giving all that extra money back to employees who deserve it. >> when you dine out in san francisco, you pay a little extra to help fund the worker's healthcare, but the city attorney says dozens of restaurants aren't using all that money for their employees. some people find it hard to swallow. >> i think it's terrible. as it is, the waiters and staff

are letting off tips and don't normally get full benefits. >> they can stop charging 4.5% on my bill. >> san francisco city attorney is telling 50 restaurants to clean up their act in three months. >> by doing so, they can avoid litigation by my office for consumer fraud. >> we don't know which of the city's thousands of restaurants are under investigation, but we obtained a list of 100 who have taken more money than they paid out. in 2011, chef michael collected more than half a million dollars in healthcare surcharges. actually spent about $200,000 for employee's healthcare. for a profit of $327,000. the parent company of celebrity chef, tyler florence's tavern collected more than $300,000 in surcharges, but only spent $68,000 for a profit of $235,000. both the cheesecake factory and parent company of max's cafe each ended up with more than

$150,000 extra. some restaurants explain the disperty. the president says it has more than enough money set aside for employee healthcare because unused funds roll over from previous years. >> all the money that have been collected remain in a cash reserve account for the employees to draw upon. >> the tavern's general manager says it stopped charging customers for it in december 2011. it funds more than the industry standard. there is a loophole in san francisco's universal healthcare law. it allows the restaurants to legally keep any surcharge money to collect if it's not used in two years. there's an effort to close that loophole. cbs 5. >> well, it could soon be harder to get a popular painkiller. much harder. cbs news reporter tells us the feds are targeting hydrocodone. it is the most prescribed drug

in the united states. it's also one of the most abused. hydrocodone is in the same family of drugs as morphine and heroin. it's an effective painkiller and a go to choice for doctors. >> it's a pain medication and it is also easy to prescribe. one can prescribe it over the phone, call it into the pharmacy without having to have the patient come to the office or write the prescription. >> an advisory panel wants to change that. currently patients taking drugs containing hydrocodone can have their prescriptions called into their pharmacy. those can be refilled five times before the patient needs to see a doctor again. >> drugs containing hydrocodone would be limited to 90 day prescriptions. opponents say the changes would drive addicted patients to get

the drug illegally. supporters say the restrictions will help. >> we are far away from curbing the medication over use, but it's one step in the right direction. >> in 2011 alone, doctors prescribed hydrocodone more than 131 million times. cbs news. we are getting word tonight that brian stowe has encountered some serious health complications. his family says he has been hospitalized for treatment of a large blood clot. the family says his doctors are amazed he survived the clot given its size. stowe, you'll remember suffered severe brain damage. good news for michael crabtree. the sexual assault investigation has been dropped. the woman who accused crabtree of assaulting her the night after the niners defeated the

packers, the d.a. says his office has examined whatever evidence there was in the case and they decided not to file charges. and that brings us to the super bowl. vern glenn joins us now. this weekend is where you see it go into fast forward. >> i'm starting to wind down and they'll bring back -- load up everything and it's on to -- what time to be in new orleans. yeah, new york city, not the only city that doesn't sleep. if you have ever been to new orleans, lots of foot traffic, even in the wee hours of the morning. mardi gras is back into super bowl, that starts february 12 as vernon davis, the niners tight end, has february 3 on his mind. the niners getting ready to take off with the big easy sunday. there was one message from jim harbaugh to the players. watch the partying and stay focused. >> just don't get caught up into everything that is down in new orleans. that's what he told me, as well

as the team, because there is going to be a lot of distractions down there. we are well aware of that and so we know we have to go down there, you know, to just focus on football. >> speaking of a jim harbaugh message, he has been known to play close to the vest with the media, but listen to his father, jack, who had trouble getting inside his son's head before the 2011 draft. >> tomorrow, you're going to draft the quarterback, who is it going to be? it goes dead silent. not a word. dad, will you pledge that you'll not share this information with anyone. you can't talk about it with jackie. will you promise me that you will keep this totally secret? i said jim, you have my honor. you have my word. then he mentioned that colin

kapernick was going to be the guy he was going to draft. i said jim, that's the guy. >> wow, even his own father. you told your dad everything, didn't you? >> yeah, pretty much. i wasn't an nfl coach at the time. so you're heading down tomorrow night? >> yup, on a 3:00 saturday afternoon flight. i will join dennis and michelle. sherman is driving. >> i want to caution you. there are a lot of distractions there. try to keep your mind on the game. >> right, and stay focused. cbs 5 focused. i'll be back in a minute, later on. >> all right, thanks. 49ers distributed their super bowl tickets to select fans today. the lucky season ticketholders chosen by lottery won the right to pay $600 to $1200 per ticket for next weekend's game. super bowl tickets are going for several times face value on

sites like stub hub. >> as you start getting into the beginning of next week, prices will definitely rise. as you get to thursday and friday, prices will start dipping again and saturday and sunday, in all likelihood, you'll see prices decline. >> yeah, and stub hub is tracking who is buying the tickets this year. turns out right now, there are more being sold to fans in california than fans in baltimore. we'll see. >> you know, fruit smoothie and protein powder in here. >> everything a growing boy needs. the super recovery drinks that are fueling the run to new orleans. and speaking of recovery, should the day after the big game be a national holiday? we're not kidding. the road to the super bowl continues in 80 seconds. ,,,,,, look at you guys with your fancy-schmancy

u-verse high speed internet. you know, in my day you couldn't just start streaming six ways to sunday. you'd get knocked off. and sometimes, it took a minute to download a song. that's sixty seconds, for crying out loud. we know how long a minute is! sitting, waiting for an album to download. i still have back problems.

you're only 14 and a half. he doesn't have back problems. you kids have got it too good if you ask me. [ male announcer ] now u-verse high speed internet has more speed options, reliability and ways to connect. rethink possible. take a look a good reminder that while california lives very close to urban california, take a look at this picture, from a motion sensing camera. 100 pound mountain lion. the male lion estimated to be anywhere from 4 to 10 years old. he was on the prowl in the blue oak ranch reserve. over in sacramento, lawmakers are considering a bill that aims to keep the big cats alive when they are captured. >> the bill requires wardens to pursue nonlethal options when humans are not at risk. >> the bill would allow the department of fish and game to

rescue injured and or fan mountain lions and get them rehabilitated and relocated. current state laws here in california make rehabilitation of the big cats illegal. well five years after the financial collapse, money is flooding back into the stock market in a big way. the s & p 500 finished above 1500 today for the first time since december, 2007, and the dow, which hit its all-time high that october is closing back in on the 14,000 mark. the 8th straight day of gains is wahl street's longest winning streak since, get this, november 2004. apple probably wishes that it was going along for the ride. it is not. its stock has been sliding. after wednesday's earnings report, the company is no longer the most valuable in the world. as of today's closing bell, that company is exxon. and the new steve jobs

isn't out yet, but it is getting a thumb's down from apple cofounder, stove wazniac. >> even if you were developing this for people like us, nobody wants to buy a computer. nobody. >> how did somebody know what they want if they have never seen it. >> i remember him in those days. that is the opening scene of the new job's film, but that conversation never even happened. in a post, he disputes how both he and jobs are portrayed saying quote, we have never had such interactions and roles. i'm not sure what it's getting at. okay, back to our super bowl bound 49ers. a football team with a lot of weapons in the arsenal. there's one you may not know about. a taste of the team's recovery drink. >> after practice, the niners hit the locker room.

what's waiting for them? how is it? >> it's pretty cool. >> icy cold drinks. >> i drink it. you know, some sort of fruit smoothie and protein powder. >> athletes need more protein. >> sports nutritionist says adding protein after a workout is actually a really smart move. >> pretty incredible stuff. >> research shows you have a 30 minute window post workout to replenish your stores and speed recovery. >> it is a small amount of protein right after exercise. boom, turns on the genetic software, so to speak, of the muscle. >> also important, water. >> the muscle is 65% water and people think it's all protein, but it's 65% water. you need to make sure you are well hydrated. >> back in the locker room, you have a choice.

a fruit shake or a chocolate one. >> that one has protein in it as well, just more calories. >> they are pretty good. >> it tastes good. >> channel 5. >> cbs 5 health watch. if the 49ers win the super bowl -- when the 49ers win the super bowl, most of us will have to head back into work, unless of course super bowl monday was a national holiday. football fans are actually pitching this to the president. he has nothing better to do, right? they started a petition on the white house website aiming for 100,000 signatures. so far, about 6600 have signed. coming up first, take a look at this 49er shrine. the family who sent this one in sees they have been season ticketholders since thedays.

coming up, much younger 49er fans, courtesy of john adams, you see the twins there held up with grandma and grandpa. and finally, this is amanda, she's a 7th generation san franciscoen and a proud dad says she has this dress on, probably five times a week. and we know what she'll be wearing one week from sunday. the forecast has changed for sunday. live look outside on the radar currently shows mainly dry conditions. they are testing those new bay lights. looking good. we'll take a look at that forecast coming up. ,,,,,, [ woman ] my boyfriend and i were going on vacation,

so i used my citi thankyou card to pick up some accessories. a new belt. some nylons. and what girl wouldn't need new shoes? and with all the points i've been earning, i was able to get us a flight to our favorite climbing spot, even on a holiday weekend. ♪ things are definitely... looking up. [ male announcer ] with no blackout dates, you can use your citi thankyou points to travel whenever you want. visit citi.com/thankyoucards to apply.

francisco's legendary twin s turned eig surviving sister of san francisco's legendary twins turned 86 today. marion and vivian brown were often spotted together in matching outfits. cbs 5 reporter, joe vasquez says marion recently lost her sister, but tonight's celebration showed she still has her san francisco family. bright smile and dressed to the nine.

marion brown arrived at the hotel to a cheering crowd of friends. many of whom she never actually met. >> seeing, walking arm and arm down market street several times and they would wave and look so happy. i never got to talk to them. >> about 150 came out to celebrate marion's 86th birthday and much more. >> yes, i did make a wish. i wish my sister would come back and keep me company. >> her twin sister was her other half. together they were san francisco icons. tourists would take their pictures. they ate dinner every evening. they always made an impression, even when they ran a boutique. >> they treated everyone, little punk rockers to the mayor. >> financial problems recently beset the sisters and vivian got sick. she passed away two weeks and two days ago. marion now eats her dinners

alone. >> you said she was an angel. she was the angel and you were the devil? >> i'm her twin angel. >> okay. two halos. >> it was a birthday party, but it was much more. it was a resounding show of support from san francisco, for twin angel, as one learns to live without her other half. >> as she is looking down at this crowd, what do you think she would be saying? >> she would love you all adds much as i love you all. and i love you and wish you all the best of health, wealth, and happiness. >> as only san francisco could. that's the way to do it. >> she still has some spunk. >> you took some out of the forecast on me. >> we tweaked the weekend forecast. you like the rain fall, i think you'll be thrilled with this change, but we'll get you

through tonight first because of cloud cover moving in. we're looking at mid 40s. fremont 44. oakland 46. in the city, 48. mountain view 45 and san jose 46 degrees. radar is clear now and that's a hint as to what's going on. there's just not much moisture with this front moving through. so i don't see any widespread showers. a few of you may get a sprinkle or two. we have been dry. we were 36% above normal with our snow pack. that's great news. it's like putting water in the bank for summertime. now we are down to 97%. we lost 40% of our snow pack relative to normal. last january, we were only at 40%. so much better than last year, but not as good as we were sitting a couple weeks ago. we have a lot of moisture to the south. the heavy rain fall coming down, especially at the california, mexico border. we're looking at a lot of rain fall there, but it got consolidated. you got sunshine and highs in

the mid 60s. that is a weak front that will move through. it's a front, so you get that lift in the atmosphere, but you need moisture. the atmosphere is not providing any. as this front comes through, we will get cooler, but not going to get wetter. sunday looks to be a dry day and that's a change. next week, high pressure builds in. since high pressure stays off to the west, the winds come out of the north and that chilly change begins tomorrow. cooler air gets here on saturday. slight chance of a weekend shower, but nothing widespread. nights will be chilly. mid to upper os tomorrow, gone are the 60s. santa clara 57. union city 57. walnut creek at 55. the city tomorrow, 56, and san rafael 55 degrees for your saturday. sunday, partly sunny, low to mid 50s. it will be a chilly day, monday, tuesday, wednesday, highs in the 50s and back to the 60s next thursday and

friday. zero organized rain fall for the next seven days. we'll be right back. ,,,,,,,,,,,,,,,,

sports minute, here we go. w is on the road. we are in chicago. remember nate robinson with the warriors? he is doing it for chicago. 22 off the bench. here is david lee, trying to keep it close. 23 points. the w's are down by 13 at the half. got hot. 8 of 11 shooting. six three balls and the warriors lose 103-87. is this the year for tiger woods. farmer's insurance open, he won their seven times.

yeah, today he shot seven under 65. that's a nice shot at the 7th hole. currently he is leading by two strokes heading into round three. can he close? meantime, back home, golden gate field wrote his 50 ,000th race today. no jockey has ridden more races than this hall of famer. only 50 wins shy of the all- time lead. >> we'll see you at 11:00. ,,